The paleo diet-centered Primal Palate launched New Bae as an organic blend in October 2017, touting its suitability for crab legs, fries and Bloody Marys. McCormick asserts Primal Palate has used taglines like "Out with the Old, and in with the NEW" to capitalize on Old Bay's "fame and goodwill.''

The lawsuit says Primal Palate responded to a cease-and-desist by acknowledging New Bae's name was a "nod" to Old Bay.